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NEED HELP CANCELLING TIMESHARE, PLEASE!!

taterhed

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Just for simplicity sake and to re-enforce my words, this is straight from the TUG link above:

  • Along with the letter, send a copy of the main page of the contract.
  • Be sure you send your rescission letter using the exact form of mail/communication stated in the instructions - you may be required to FAX or mail your rescission - follow these instructions exactly.
  • If you are required to mail your rescission, make sure it is postmarked within the required time and that you get a return receipt when it's delivered.
  • If you are required to FAX your rescission, make sure you keep a copy of the FAX receipt to document the date and time.
  • If the rescission instructions require you to send a FAX, you should also mail a copy of your rescission papers via a trackable mail delivery service with proof of delivery.
  • Make copies of everything you send - don't send any original documents.
  • Expect your salesperson to try and talk you out of it. Don't get embroiled in a long discussions, just keep politely repeating, "I'm not interested."
  • You may be required to return the owner's guide or other materials you got as a new owner upon request.
 

icydog

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We have rescinded just as indicated in the FAQ post above.

It works like clockwork. Follow the instructions carefully. Pay close attention to the method of cancellation instructions and comply closely. You can send all the cancellations you want (fax, email, letter, UPS, FedEx etc....) but you MUST send the one as described in the instructions to cancel. Normally this specifies "Mail to the following address.." and USPS certified letter is considered the most appropriate form of notification. Keep all documents, receipts, tracking numbers and print-off the Internet pages showing the results of the sending, tracking and delivery. the dates are based on the day you MAIL the letter.

Phone calls will only complicate the issue. Don't wait, mail now.

To the people who wanted to contact the timeshare company don't bother. If you send your rescission letter out by Certified Mail with Return Receipt Requested you will have the name of the person signing for your letter, as well as your tracking information.
 

taterhed

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To the people who wanted to contact the timeshare company don't bother. If you send your rescission letter out by Certified Mail with Return Receipt Requested you will have the name of the person signing for your letter, as well as your tracking information.

Thanks for the more precise terms.

As a point, I would keep copies of all related info to the transaction.....some companies have been known to refuse mail or have drop boxes with no person to sign etc... This does not relieve the company from 'notification' it merely complicates things.

But Icy is mostly right....Certified mail with return receipt does the job normally. But....follow the instructions on the rescission/cancellation instructions to the "t" (and send by Certified mail as well IMHO)
 

taterhed

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Just for simplicity sake and to re-enforce my words, this is straight from the TUG link above:

  • Along with the letter, send a copy of the main page of the contract.
  • Be sure you send your rescission letter using the exact form of mail/communication stated in the instructions - you may be required to FAX or mail your rescission - follow these instructions exactly.
  • If you are required to mail your rescission, make sure it is postmarked within the required time and that you get a return receipt when it's delivered.
  • If you are required to FAX your rescission, make sure you keep a copy of the FAX receipt to document the date and time.
  • If the rescission instructions require you to send a FAX, you should also mail a copy of your rescission papers via a trackable mail delivery service with proof of delivery.
  • Make copies of everything you send - don't send any original documents.
  • Expect your salesperson to try and talk you out of it. Don't get embroiled in a long discussions, just keep politely repeating, "I'm not interested."
  • You may be required to return the owner's guide or other materials you got as a new owner upon request.
 

Vegas1117

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If you are within the legal rescission period, 'getting out' of the contract is pretty painless and easy. If some time has passed, it becomes MUCH more complex and expensive and even a bit iffy. HOW LONG AGO DID YOU SIGN THE CONTRACT?
Yesterday, just over 24 hours ago.
 

taterhed

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Yesterday, just over 24 hours ago.

Let's keep this simple:
  1. What timeshare (company, state, location) did you buy?
  2. What state were you BOTH physically standing in when you signed the contract?
  3. Confirm that you signed the contract on 18 Nov 2017?
That will help us answer the questions.
 

Vegas1117

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If you are within the legal rescission period, 'getting out' of the contract is pretty painless and easy. If some time has passed, it becomes MUCH more complex and expensive and even a bit iffy. HOW LONG AGO DID YOU SIGN THE CONTRACT?
Let's keep this simple:
  1. What timeshare (company, state, location) did you buy?
  2. What state were you BOTH physically standing in when you signed the contract?
  3. Confirm that you signed the contract on 18 Nov 2017?
That will help us answer the questions.

1. Starpoint Resort Group, Inc., Nevada, Los Vegas
2. Nevada
3. Yes, we signed on 11/18/2017
 

taterhed

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Right to Cancel a Timeshare Purchase in Nevada
In Nevada, you may cancel, by written notice, the contract of sale for a timeshare purchase up until midnight of the fifth calendar day following the date you signed the contract (Nev. Rev. Stat. § 119A.410(1)). The contract of sale must include a statement of the right to cancel.

How to cancel the purchase. The written notice of cancellation may be:

  • delivered personally to the developer, or
  • sent by certified mail, return receipt requested, to the business address of the developer (Nev. Rev. Stat. § 119A.410(3)).

If you cancel, the developer must return all payments within 15 days after receipt of the notice of cancellation (Nev. Rev. Stat. § 119A.410(4)).

The right of cancellation may not be waived. If the developer attempts to obtain a waiver, the buyer may void the contract. (Nev. Rev. Stat. § 119A.410(2)).
 

taterhed

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1. Starpoint Resort Group, Inc., Nevada, Los Vegas
2. Nevada
3. Yes, we signed on 11/18/2017

So, you have 5 days (as quoted above) to rescind.
You must follow the instructions in your contract (they should state "rescind via letter and certified mail; receipt requested")
Follow the instructions previously posted in this forum and the instructions in your contract for cancellation.
Make sure you both sign etc...

You'll be fine.

congrats on saving a bunch of time, money and headaches.

When you get over the stress, come back and find out how to get the vacation(s) you want for a whole lot less heartache and money.

cheers
 

Vegas1117

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You have no idea how anxious I am. I’m certify mailing it tomorrow meaning it should arrive on Tuesday and I’m booking a flight so that I can also hand deliver it.
 

DeniseM

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Hold on there - it doesn't matter when it ARRIVES. It only matters that it is sent within the prescribed timeframe, and that you have proof of mailing. Honestly, just mail it properly, and then forget about it.

DON'T HAND DELIVER IT - you are just setting yourself up for more stress and it doesn't accomplish anything.
 
Last edited:

Passepartout

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You have no idea how anxious I am. I’m certify mailing it tomorrow meaning it should arrive on Tuesday and I’m booking a flight so that I can also hand deliver it.
STOP! Don't go anywhere near them. They are REQUIRED BY LAW to process your rescission. Just follow the instructions in your contract. If you go there and see them, all that will accomplish is for them to convince you to (a) delay beyond the rescission time or (b) change your mind with lower price, more points, or whatever you try to use as reason for the rescission. THEY ARE TRAINED AND HAVE ALL THE ANSWERS! Don't do it.

The only time that matters is the postmark on your rescission letter, not when it's delivered. They WILL add to your stress by not keeping you informed of the progress of the rescission, but they MUST process it. So go to the post office first thing tomorrow, send it Certified with returned receipt, so you'll know when it's delivered. If you put the down payment on a credit card, DON'T cancel it because they'll put your refund on the same card.

Now. Relax. It's going to be OK. Go get a massage or something. We've helped many hundreds of people save tens of millions of dollars rescinding timeshare purchases. Really.

G'Night.

Jim
 

Vegas1117

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You have NO idea how grateful I am! I literally started crying after your reply. I doubt I’ll be able to relax until after I receive the refund but I feel MUCH better now. Thank you, thank you, thank you!!
 

icydog

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You have NO idea how grateful I am! I literally started crying after your reply. I doubt I’ll be able to relax until after I receive the refund but I feel MUCH better now. Thank you, thank you, thank you!!

I, too, know the stress you’re feeling— having gone through this twice myself!
But if you carefully read and follow the rescission instructions in the timeshare contract, make sure you both sign, send it out by Certified Mail Return Receipt Requested, and carefully go down the TUG link instructions for rescission—-you will be FINE!
 

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congrats on finding TUG in time to save a fortune!
 

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Here’s what happened. We mailed it to their P.O Box (the contract said either mail it or hand deliver it). USPS said they left a note in their mailbox saying they have mail to pick up. We don’t have a signature confirming receipt just confirmation from the post office that they left the note telling them to pick up. Is that enough?
 

Passepartout

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Here’s what happened. We mailed it to their P.O Box (the contract said either mail it or hand deliver it). USPS said they left a note in their mailbox saying they have mail to pick up. We don’t have a signature confirming receipt just confirmation from the post office that they left the note telling them to pick up. Is that enough?
Yes, all you need is the postmark (or receipt) showing that you mailed it on time. Now, we recommend that you not answer and calls from them- or from unknown numbers that might be them. I know it's stressful, but they have no choice but to process your rescission and refund all your down payment. Rescission, by it's definition means to set affairs back to the way the relationship existed before the contract was signed. So you're all good. Go out and celebrate. But not too much, it may take as much as 45 days to see the refund depending on when it hits in your cc's billing cycle.

Jim
 

DeniseM

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We don’t have a signature confirming receipt just confirmation from the post office that they left the note telling them to pick up.

When they pick it up, they will have to go to the counter and sign the green card (assuming you paid for the return card) and eventually you will get it back. Don't be surprised if it takes weeks to get the card back.

But as Jim said, the important document is the receipt showing when you MAILED it - not when it is picked up at the PO.
 

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Yes we paid for the return card. Can they technically refuse the mail at the post office? Also, we were thinking of mailing another one certified mail without return card that way they’ll drop it off at the P.O Box (and not require signature) so we get proof of delivery. Any thoughts? I’m also willing to drop it off in person.
 

DeniseM

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It doesn't matter if they refuse it - it only matters that you SENT it, and have the proof.

But that is very unlikely to happen - they know they have to follow the law.

Don't drop it off in person - unless you'd like to get worked over again!
 

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Take a deep breath and relax; you are off the hook. No need to imagine a bunch of 'what if's'. You have official and written proof that you have rescinded the purchase. They are required by law to follow through and return your money. However, they have no responsibility to make it speedy. So relax and let the process play out.

Once things have settled down, if you are still interested in a timeshare, we can help you sort out what will work for you at a MUCH better price. Timeshare sales are the pits, but timeshares as lodging can work very well. Some people play the sales game to get the goodies but I ignore that whole part of the business.

Again, you are off the hook so take a deep breath and relax.

Sue
 

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Unfortunately the contract says it has to be received by midnight of the fifth day.
 

Passepartout

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Unfortunately the contract says it has to be received by midnight of the fifth day.
What outfit was this? We're just curious. These sleezeballs may just replace Wastegate as 'Weasels of the Year'. But really. Don't worry. They will NOT hold you to a contract after being served a rescission letter. You'd have them dead-to-rights in any court and they'd be paying you healthy penalties if they ignored the law.
 

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Unfortunately the contract says it has to be received by midnight of the fifth day.

State Law says SENT within 5 days - and that is all that matters.
 

Vegas1117

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Unfortunately the contract says it has to be received by midnight of the fifth day.

To my surprise, they picked up the letter and signed for it. I am so relieved! Thank you all so very much for the support!
 
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